An employee has been charged with a criminal offence and is now in custody. I no longer want him to be employed at my company. Can I go ahead and sack him or do I have to wait for the outcome of the police investigation and criminal proceedings? These may take months.

Q

An employee has been charged with a criminal offence and is now in custody. I no longer want him to be employed at my company. Can I go ahead and sack him or do I have to wait for the outcome of the police investigation and criminal proceedings? These may take months.

A

There is no requirement for you to wait for the outcome of criminal proceedings before conducting a disciplinary hearing. You are not bound by the outcome of a police investigation or a criminal trial.

At the same time there is no general right to sack an employee when he has been convicted of a criminal offence.

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